When is a retailer liable for fraud?

The growth of EMV card use within the United States is at least partially an attempt to combat fraud by giving consumers a safer way to make payments. However, retailers and other POS business owners need to be wary, too, as the current card payment landscape presents several instances where they may be at fault when fraud occurs.

In an article for the National Law Review, three members of von Briesen & Roper, S.C., examined some examples of situations where the retailer might be held liable for fraud, even with the supposed protections of the EMV system. These include transactions that involve a stolen chip card: the card could be swiped at a non chip-friendly terminal or used with a signature to pay instead.

Adoption has been slow and continues to prove so. An infographic from Trustev that appeared on Chain Store Age last year predicted a rise in online retail fraud by more than 100 percent. Though this doesn't necessarily involve the credit card payment processor directly, it does show a similar trend between the United States and other countries that experienced a rise in similar crimes after their adoption, including Canada and the United Kingdom.

Being compliant with EMV standards is just one way that finding the right credit card processing program will benefit a user business. The slow adoption of EMV cards has so far reached fewer than 40 percent of merchants, and some of the risks and costs associated with these systems could cause companies to delay, posing a possible inconvenience to customers.

Find a credit card processing program that grants your organization the best support in cases of fraud. This is especially necessary when resources are limited in the face of a massive systems overhaul.

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